End User Licence Agreement

Effective Date: 3 April 2026

1. Introduction and Definitions

1.1 Parties to this Agreement

This End User Licence Agreement ("Agreement" or "EULA") constitutes a legally binding contract between:

Licensor: Kruger Guide (Pty) Ltd, a company incorporated under the laws of South Africa, with its principal place of business at 17 Wexford Rd, Vredehoek, Cape Town, Western Cape 8001, South Africa ("Company," "we," "us," or "our"); and

Licensee: The individual or entity who downloads, installs, accesses, or uses the Licensed Application ("you," "your," or "End-User").

1.2 Licensed Application Description

"KrugerGuide" or the "Licensed Application" means the mobile software application designed to serve as a comprehensive digital guide for visitors to Kruger National Park, including all documentation, updates, upgrades, patches, bug fixes, and related services. The Licensed Application provides:

Offline mapping functionality
Wildlife species identification checklists
Detailed information regarding points of interest
Park road data and distance lookups
Community wildlife sighting sharing with photograph attachments
Content moderation and community reporting tools
Such other features as may be added from time to time

1.3 Formation of Contract

By clicking "Accept," downloading, installing, accessing, or using the Licensed Application through Apple Inc.'s App Store or Google LLC's Play Store (the "Distribution Platforms"), you acknowledge that:

You have read and understood this Agreement in its entirety
You agree to be legally bound by all terms and conditions herein
You have the legal capacity to enter into this binding Agreement
If accepting on behalf of an entity, you have actual authority to bind such entity

2. Grant of Licence

2.1 Licence Grant

Subject to your compliance with all terms of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence to download, install, and use the Licensed Application for your personal, non-commercial use on any compatible device that you own or control.

2.2 Scope and Nature of Licence

This licence is personal (for your individual use only), revocable (may be terminated per Section 9), non-transferable (cannot be sold, assigned, or transferred), and limited (restricted to rights expressly granted herein).

The Licensed Application is licensed, not sold. Licensor retains all right, title, and interest in and to the Licensed Application, including all intellectual property rights.

2.3 Permitted Uses

You may utilise family sharing features native to the Distribution Platforms, allow members of your immediate family residing in your household to access the Licensed Application on shared devices, and transfer the Licensed Application between devices you own.

2.4 Licence Restrictions

You shall not, and shall not permit any third party to:

Reverse Engineer: decompile, disassemble, reverse engineer, or attempt to derive the source code
Modify: alter, modify, adapt, translate, or create derivative works based upon the Licensed Application
Distribute: sell, rent, lease, lend, sublicense, or otherwise distribute the Licensed Application
Remove Notices: remove, alter, or obscure any proprietary notices
Circumvent: bypass, disable, or circumvent any security features or access controls
Commercial Use: use the Licensed Application for any commercial purpose without prior written consent

2.5 Updates and Upgrades

This licence extends to any updates, upgrades, patches, or new versions provided by Licensor, unless accompanied by a separate licence agreement.

2.6 Device Transfer

Prior to transferring ownership of any device containing the Licensed Application, you must completely remove and delete all instances of the Licensed Application and associated data.

3. Technical Specifications and Requirements

Minimum System Requirements:

iOS Devices: iOS version 14.0 or later
Android Devices: Android version 6.0 (API level 23) or later
Recommended: latest available operating system version

While Licensor endeavours to maintain compatibility, Licensor makes no guarantee of perpetual compatibility, reserves the right to discontinue support for older systems, and may modify technical requirements at its sole discretion. It is your sole responsibility to verify device compatibility before download.

4. Regulatory Compliance and Restrictions

The Licensed Application has not been designed, tested, or certified for compliance with industry-specific regulations including HIPAA, FISMA, GLBA, PCI DSS, or any other regulatory framework. Use in any regulated industry is at your sole risk and liability.

You represent and warrant that you are not located in a country subject to U.S. Government embargo, are not designated as a "terrorist supporting" country, and are not listed on any prohibited or restricted parties list. Your use is subject to Distribution Platform usage rules, which are incorporated by reference.

5. User-Generated Content and Contributions

5.1 Definition of Contributions

"Contributions" means any content you submit, post, upload, or make available through the Licensed Application, including:

Text, writings, comments, or messages
Photographs, images, or graphics (collectively, "Media")
Location data or check-ins
Reviews, ratings, or feedback
Wildlife sighting records and associated information
Any other user-generated content

5.2 Representations and Warranties Regarding Contributions

By submitting any Contributions, you represent, warrant, and covenant that:

A. Ownership and Rights: You are the sole author and owner of all intellectual property rights in your Contributions, or you have obtained all necessary rights, licences, consents, and permissions to grant the rights specified herein. Your Contributions do not infringe any third-party intellectual property rights, privacy rights, or publicity rights.

B. Content Standards: Your Contributions do not and will not contain any defamatory, libellous, obscene, pornographic, or sexually explicit material; promote violence, discrimination, or illegal activities; contain viruses, malware, or harmful components; constitute unauthorised advertising or spam; impersonate any person or entity; or contain false, misleading, or inaccurate information.

C. Media-Specific Standards: Photographs and images you upload must be relevant to wildlife sightings and must be original photographs taken by you (or for which you hold the necessary rights). You must not upload AI-generated images or images created, altered, or enhanced using artificial intelligence or machine learning tools (including but not limited to AI image generators, deepfakes, or AI-based compositing); images containing people without their consent; images depicting illegal activity or harm to wildlife; images you do not own or have rights to distribute; or images intended to harass, threaten, or harm other users.

D. Third-Party Rights: All identifiable individuals in your Contributions have provided consent for their likeness to be used. No Contributions violate any confidentiality or non-disclosure obligations. All necessary releases and permissions have been obtained.

E. Image Processing: You acknowledge that all photographs uploaded through the Licensed Application are automatically compressed and resized. The Application does not store or transmit full-resolution versions of your images. Images stored on our servers are not intended to serve as backups of your original files, and you are solely responsible for maintaining your own copies of original image files.

F. Enforcement: Accounts that violate these content submission standards — including uploading AI-generated images, prohibited content, or content you do not have rights to — may be permanently banned from the Application without prior warning, at Licensor's sole discretion. Permanent bans result in the immediate and irreversible termination of your account and loss of access to all Services, including any paid subscriptions.

5.3 Grant of Rights in Contributions

By submitting Contributions, you hereby grant to Licensor an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable licence to:

Use, reproduce, modify, adapt, publish, translate, and distribute your Contributions
Create derivative works from your Contributions
Display and perform your Contributions publicly
Incorporate your Contributions into other works
Exploit all intellectual property rights in your Contributions
Use your Contributions for marketing, promotional, editorial, and commercial purposes

This licence includes the right to use your Contributions in any media format or technology now known or later developed.

Credit: Where we use your Media for marketing or promotional purposes, we will credit you as the contributor where reasonably possible.

Anonymous display: When your Media is displayed to other users within the community sightings feature, it is presented anonymously. Only administrators can identify the contributor of any given Media, and only for the purposes of content moderation and platform integrity.

5.4 Moral Rights Waiver

To the fullest extent permitted by applicable law, you waive all moral rights in your Contributions, including rights of attribution and integrity. Where such waiver is not legally permitted, you agree not to assert any moral rights against Licensor or its licensees.

5.5 No Obligation to Use

Licensor has no obligation to use, display, or maintain any Contributions. Licensor reserves the right, in its sole discretion, to review, edit, modify, remove, refuse, categorise, or relocate any Contributions.

5.6 Ownership of Contributions

You retain ownership of your Contributions, subject to the licence granted herein. Licensor claims no ownership rights in your original Contributions.

You may control whether your sightings and associated Media are shared with the community by toggling your sighting contribution status within the Application:

Contributing: your public sightings and associated Media are eligible for community sharing (subject to content moderation approval)
Not contributing: your sightings and Media are treated as private and are never shared with other users. Private content is excluded from all data sent to other users' devices, enforced at the server level through security rules.

6. Content Moderation

6.1 Pre-Publication Review

All user-submitted Media attached to public sightings undergoes mandatory human review by administrators before becoming visible to the community. No public Media is displayed without explicit administrator approval. Media enters the system in a "pending" state and remains invisible to other users until approved.

6.2 Graphic Content Handling

Media that is legitimate but potentially sensitive (e.g., wildlife predation scenes) may be flagged as "graphic" by administrators. Graphic-flagged content remains in the community feed but is displayed with a blur overlay and a warning label. Users must actively choose to view graphic content by tapping to reveal the image. The image re-blurs when the user navigates away. This approach allows sensitive nature photography to remain available without being displayed unexpectedly.

6.3 Community Reporting

Any authenticated user may report Media they find objectionable. Report categories include Graphic Content, Irrelevant, and Offensive. Each user is limited to one report per Media item. Reporters may provide up to 200 characters of context. Media that receives community reports exceeding a threshold is automatically hidden and escalated for administrator re-review.

6.4 Moderation Outcomes

Administrators may take the following actions on Media:

Approve: Media becomes visible in the community feed
Approve as Graphic: Media becomes visible with a blur overlay requiring opt-in viewing
Reject: Media is not displayed in the community feed
Permanently Remove: Media is removed from the platform permanently (terminal state)

6.5 Audit Trail

Every administrator moderation action creates a permanent, immutable audit record including the administrator's identity, timestamp, outcome, and any notes. All community reports are preserved. This ensures accountability and transparency in our moderation process.

6.6 Server-Side Enforcement

Moderation integrity is enforced at the database level through Firestore security rules. Users cannot approve their own content, modify moderation fields (graphic status, report count), or bypass visibility rules. Only approved, non-private, non-deleted content is visible to the community.

7. Data Collection and Privacy

7.1 Personal Data Processing

By using the Licensed Application, you acknowledge and consent that Licensor may collect, process, and use personal data in accordance with our Privacy Policy, which is incorporated herein by reference.

7.2 Technical Data Collection

Licensor may automatically collect device identifiers and hardware specifications, operating system version, network information and IP addresses, application usage statistics and crash reports, and performance metrics.

When you submit Media through the Application, we collect and process the image files themselves (maximum 5 MB, image formats only), image metadata (file type, size, upload timestamp), associated sighting information, moderation status and history, and any community reports received.

7.4 Purpose Limitation

Data collected shall be used solely for providing the Service and its features, content moderation and community safety, technical support and troubleshooting, improving application performance and developing new features, marketing and promotional purposes (for anonymised Media), ensuring security and preventing fraud, and complying with legal obligations.

7.5 Account Deletion

When you delete your account from within the Application, all associated media files are deleted from Firebase storage, your account data is removed, and your sightings are disassociated from your identity. Moderation audit records may be retained in anonymised form for compliance purposes.

If your Media has been used in published marketing or promotional materials prior to your account deletion, we will use reasonable efforts to discontinue future use but cannot guarantee removal from materials already in circulation.

8. Warranties, Disclaimers, and Limitations of Liability

8.1 Limited Warranty

Licensor warrants solely that at the time of download, the Licensed Application shall be free from viruses, malware, spyware, trojans, and other malicious code, and shall substantially conform to the documentation provided.

8.2 Warranty Period and Remedies

Commercial users must submit warranty claims within twelve (12) months of download. Consumers are subject to statutory warranty periods under applicable consumer protection laws. Defects must be reported via email within three (3) business days of discovery. Licensor's sole obligation shall be, at its option, to repair, replace, or refund.

8.3 Warranty Exclusions

The limited warranty does not apply to defects caused by unauthorised modification, incompatible hardware or software, improper use or negligence, causes beyond Licensor's reasonable control, or use on non-supported devices or operating systems.

8.4 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

8.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSED APPLICATION. LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES.

These limitations shall not apply to liability for death or personal injury caused by gross negligence, intentional misconduct or fraud, or any liability that cannot be excluded under applicable law.

8.6 Content Liability

Licensor is not liable for any user-submitted content, including Media. While all public Media undergoes pre-publication review, Licensor does not guarantee that all inappropriate, infringing, or harmful content will be identified and prevented from publication. Users view community content at their own risk.

9. Indemnification

You agree to defend, indemnify, and hold harmless Licensor from and against any claims, liabilities, damages, losses, costs, or fees arising out of or relating to your violation of this Agreement, your use or misuse of the Licensed Application, your Contributions (including Media), your violation of any third-party rights, or your violation of any applicable laws.

Licensor shall defend and indemnify you against claims that the Licensed Application infringes third-party intellectual property rights, provided you promptly notify Licensor, provide reasonable cooperation, and grant Licensor sole control of the defence.

10. Termination

10.1 Term

This Agreement is effective from the date of download and continues until terminated.

10.2 Termination by Licensor

Licensor may terminate this Agreement immediately upon notice if you breach any provision, Licensor reasonably believes termination is necessary to comply with law, or Licensor discontinues the Licensed Application.

10.3 Termination by End-User

You may terminate this Agreement at any time by deleting all copies of the Licensed Application from your devices. You may also delete your account from within the Application, which will delete all associated media files from Firebase storage.

10.4 Effect of Termination

Upon termination: all rights granted to you immediately cease, you must discontinue all use and delete all copies, and sections that by their nature should survive termination continue in effect (including Sections 2.4, 5, 6.5, 7, 8, 9, and 11).

11. General Provisions

11.1 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

11.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the Licensed Application and supersedes all prior agreements, understandings, and communications.

11.3 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

11.4 Waiver

No waiver of any term shall be valid unless in writing and signed by the waiving party.

11.5 Amendment

Licensor reserves the right to modify this Agreement at any time. Continued use after modification constitutes acceptance of the modified terms.

11.6 Force Majeure

Neither party shall be liable for any failure or delay due to circumstances beyond its reasonable control.

11.7 Assignment

You may not assign or transfer any rights or obligations without Licensor's prior written consent. Licensor may freely assign this Agreement.

11.8 Third-Party Provisions

You acknowledge this Agreement is between you and Licensor only, not with the Distribution Platforms. Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries and may enforce its terms directly.

11.9 External Services

The Licensed Application may enable access to third-party services (park booking systems, accommodation providers, weather services, mapping services). Licensor does not endorse, control, or assume responsibility for any External Services. Your use of External Services is at your sole risk.

11.10 Survival of Terms

The following sections survive termination or expiration of this Agreement: Section 2.4 (Licence Restrictions), Section 5 (User-Generated Content and Contributions), Section 6.5 (Audit Trail), Section 7 (Data Collection and Privacy), Sections 8.4, 8.5, and 8.6 (Disclaimers and Limitations), Section 9 (Indemnification), Section 10.4 (Effect of Termination), Section 11 (General Provisions), and any other provisions that by their nature should survive.

12. Contact Information

For all inquiries, notices, or communications regarding this Agreement:

Kruger Guide (Pty) Ltd
17 Wexford Rd, Vredehoek
Cape Town, Western Cape 8001
Republic of South Africa
Email: hello@kruger.guide

By using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.

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